This document provides a summary of the key taxation considerations for private clients becoming established in Ireland. It discusses how domicile, residence and nationality impact tax liability. It also outlines the main taxes that apply, including capital acquisitions tax on gifts and inheritances, income tax, capital gains tax, universal social charge, stamp duty and more. Anti-avoidance rules are also mentioned that can tax offshore structures of Irish residents. In general, domicile and residence are important connecting factors that determine the extent of tax liability for private clients in Ireland.

1. The International Comparative Legal Guide to:
A practical cross-border insight into private client work
7th Edition
ICLG
Private Client 2018
Published by Global Legal Group, in association with CDR, with contributions from:
Aird & Berlis LLP
Alon Kaplan, Advocate and Notary Law Office
Aronson, Ronkin-Noor, Eyal Law Firm
Arqués Ribert Junyer – Advocats
Berwin Leighton Paisner LLP
Bircham Dyson Bell LLP
Cadwalader, Wickersham & Taft LLP
DORDA Rechtsanwälte GmbH
Griffiths & Partners and Coriats Trust Company Limited
Hassans International Law Firm
Higgs & Johnson
Holland & Knight LLP
Katten Muchin Rosenman LLP
Khaitan & Co
Lebenberg Advokatbyrå AB
Lenz & Staehelin
Loyens & Loeff
Macfarlanes LLP
Maples and Calder
Matheson
Miller Thomson LLP
MJM Limited
Mori Hamada & Matsumoto
Mourant Ozannes
New Quadrant Partners Limited
O’Sullivan Estate Lawyers LLP
Ospelt & Partner Attorneys at Law Ltd.
P+P Pöllath + Partners
Rovsing & Gammeljord
Society of Trust and Estate Practitioners (STEP)
Spenser & Kauffmann Attorneys at Law
Studio Tributario Associato Facchini Rossi & Soci (FRS)
Tirard, Naudin, Société d’avocats
Vieira de Almeida
Withers Bergman LLP
Zepos & Yannopoulos

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professional when dealing with specific situations.
The International Comparative Legal Guide to: Private Client 2018
General Chapters:
Country Question and Answer Chapters:
1 BREXIT: The Immigration Implications – James Perrott, Macfarlanes LLP 1
2 Keep Calm and Carry On: The Increasing UK Regulatory and Tax Issues Facing Offshore
Trustees – Matthew Braithwaite & Helen Ratcliffe, Bircham Dyson Bell LLP 11
3 Pre-Immigration Planning Considerations for the HNW Client – Think Before You Leap –
Joshua S. Rubenstein, Katten Muchin Rosenman LLP 17
4 Best Interest – Conflict of Interest: The Fiduciary Rule and Financial Advisory and Financial
Planning Services – Margaret O’Sullivan, O’Sullivan Estate Lawyers LLP 23
5 Family Asset Protection – the Latest Key Developments: Variation of Nuptial Settlements
and Family Companies Coming Under Further Attack in the Divorce Courts –
Marcus Dearle & Jessica Henson, Berwin Leighton Paisner LLP 26
6 Navigating Complex US Immigration Laws: US Visas & Taxation – Mark E. Haranzo &
Reaz H. Jafri, Holland & Knight LLP / Withers Bergman LLP 29
7 Philanthropy in Canada: New Rules and Opportunities – Elise Pulver & Rachel Blumenfeld,
Aird & Berlis LLP 34
8 Still a Good Bet? What You Need to Know Now About Investing in UK Residential Property –
Marilyn McKeever, New Quadrant Partners Limited 37
9 The Limits to Transparency – George Hodgson & Emily Deane TEP, Society of Trust and
Estate Practitioners (STEP) 41
10 Andorra Arqués Ribert Junyer – Advocats: Jaume Ribert i Llovet &
Jordi Junyer i Ricart 44
11 Austria DORDA Rechtsanwälte GmbH: Paul Doralt & Katharina Binder 54
12 Bahamas Higgs & Johnson: Heather L. Thompson & Kamala M. Richardson 60
13 Belgium Loyens & Loeff: Saskia Lust & Nicolas Bertrand 66
14 Bermuda MJM Limited: Hildeberto (“Hil”) de Frias & Jane Collis 76
15 British Virgin Islands Maples and Calder: Ray Davern & Alex Way 84
16 Canada Miller Thomson LLP: Nathalie Marchand & Rahul Sharma 89
17 Cayman Islands Maples and Calder: Morven McMillan 97
18 Denmark Rovsing & Gammeljord: Mette Sheraz Rovsing & Johan Hartmann Stæger 102
19 France Tirard, Naudin, Société d’avocats: Jean-Marc Tirard & Maryse Naudin 108
20 Germany P+P Pöllath + Partners: Dr. Andreas Richter & Dr. Katharina Hemmen 116
21 Gibraltar Hassans International Law Firm: Peter Montegriffo QC & Louise Lugaro 124
22 Greece Zepos & Yannopoulos: Costas Kallideris & Anna Paraskeva 132
23 Guernsey Mourant Ozannes: Matthew Guthrie & Sophie Denman 138
24 India Khaitan & Co: Daksha Baxi & Aditi Sharma 144
25 Ireland Matheson: John Gill & Lydia McCormack 153
26 Israel Alon Kaplan, Advocate and Notary Law Office: Alon Kaplan &
Aronson, Ronkin-Noor, Eyal Law Firm: Lyat Eyal 161
27 Italy Studio Tributario Associato Facchini Rossi & Soci (FRS):
Francesco Facchini & Stefano Massarotto 167
28 Japan Mori Hamada & Matsumoto: Atsushi Oishi & Makoto Sakai 176
29 Jersey Mourant Ozannes: Edward Devenport & Giles Corbin 183
Contributing Editors
Jonathan Conder & Robin
Vos, Macfarlanes LLP
Sales Director
Florjan Osmani
Account Director
Oliver Smith
Sales Support Manager
Toni Hayward
Sub Editor
Hollie Parker
Senior Editors
Suzie Levy
Caroline Collingwood
Chief Operating Officer
Dror Levy
Group Consulting Editor
Alan Falach
Publisher
Rory Smith
Published by
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ISBN 978-1-911367-88-8
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Strategic Partners
Continued Overleaf

3. EDITORIAL
Welcome to the seventh edition of The International Comparative Legal Guide to:
Private Client.
This guide provides corporate counsel and international practitioners with a
comprehensive worldwide legal analysis of the laws and regulations of private
client work.
It is divided into two main sections:
Nine general chapters. These are designed to provide readers with a comprehensive
overview of key issues affecting private client work, particularly from the
perspective of a multi-jurisdictional transaction.
Country question and answer chapters. These provide a broad overview of
common issues in private client laws and regulations in 28 jurisdictions.
All chapters are written by leading private client lawyers and industry specialists
and we are extremely grateful for their excellent contributions.
Special thanks are reserved for the contributing editors Jonathan Conder and
Robin Vos of Macfarlanes LLP for their invaluable assistance and STEP for their
continued and valued participation in the guide.
Global Legal Group hopes that you find this guide practical and interesting.
The International Comparative Legal Guide series is also available online at
www.iclg.com.
Alan Falach LL.M.
Group Consulting Editor
Global Legal Group
Alan.Falach@glgroup.co.uk
The International Comparative Legal Guide to: Private Client 2018
Country Question and Answer Chapters:
30 Liechtenstein Ospelt & Partner Attorneys at Law Ltd.: Dr. iur. Alexander Wolfgang Ospelt
& Mag. iur. Dr. iur. Sascha Kurt Brunner 191
31 Portugal Vieira de Almeida: Tiago Marreiros Moreira & Frederico Antas 198
32 Sweden Lebenberg Advokatbyrå AB: Torgny Lebenberg & Peder Lundgren 208
33 Switzerland Lenz & Staehelin: Heini Rüdisühli & Dr. Lucien Masmejan 214
34 Turks and Caicos Islands Griffiths & Partners and Coriats Trust Company Limited:
David Stewart & Conrad Griffiths QC 224
35 Ukraine Spenser & Kauffmann Attorneys at Law: Tetyana Ivanovych &
Tetiana Havryliuk 228
36 United Kingdom Macfarlanes LLP: Jonathan Conder & Robin Vos 235
37 USA Cadwalader, Wickersham & Taft LLP: William Schaaf & Sasha Grinberg 251

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Chapter 25
Matheson
John Gill
Lydia McCormack
Ireland
The other important issue is that of ordinary residence. Under Irish
legislation, an individual becomes ordinarily resident in Ireland for
a tax year after he has been resident in the State for three consecutive
tax years. An individual who has become so ordinarily resident in
Ireland for a tax year shall not cease to be ordinarily resident until a
year in which he has not been resident in the State for the previous
three consecutive years.
1.5 To what extent is nationality relevant in determining
liability to taxation in your jurisdiction?
Irish nationality does not trigger any tax liability in Ireland.
1.6 If nationality is relevant, how is it defined for taxation
purposes?
See question 1.5.
1.7 What other connecting factors (if any) are relevant
in determining a person’s liability to tax in your
jurisdiction?
If assets are regarded as Irish situate under Irish tax legislation (for
example, Irish real property), the relevant Irish tax liability will
apply.
2 General Taxation Regime
2.1 What gift or estate taxes apply that are relevant to
persons becoming established in your jurisdiction?
CAT is a tax imposed on gifts and inheritances (“Benefits”) payable
by the beneficiary. The current rate of CAT is 33%, subject to tax-
free thresholds.
CAT is charged on Benefits if:
(i) either the donor or the beneficiary is Irish tax resident or
ordinarily resident; or
(ii) the subject of the gift or inheritance is an Irish situate asset.
A foreign domiciled person is not considered resident or ordinarily
resident in Ireland for CAT purposes unless the person was both:
■ resident for the five consecutive years of assessment
preceding the date of the Benefit; and
■ on that date is either resident or ordinarily resident in Ireland.
1 Connection Factors
1.1 To what extent is domicile or habitual residence relevant
in determining liability to taxation in your jurisdiction?
Domicile is a very significant connecting factor. Where an
individual is tax resident in the State, the addition of domicile as a
connecting factor will mean that all of the individual’s worldwide
income and gains are subject to Irish tax, subject to any reliefs under
existing double tax treaties.
The concept of habitual residence does not exist in Ireland and is not
defined under Irish law.
1.2 If domicile or habitual residence is relevant, how is it
defined for taxation purposes?
There is no statutory definition of domicile under Irish law, it is a
legal concept. Every individual is born with a domicile of origin. It
is possible for a person to lose their domicile of origin and acquire
a domicile of choice or to lose their domicile of choice and revive
their domicile of origin.
1.3 To what extent is residence relevant in determining
liability to taxation in your jurisdiction?
In Ireland, a person’s tax liability is determined by the concept of
residence. A resident individual’s worldwide income and gains are
subject to income tax and Capital Gains Tax (“CGT”) (save if they
are non-Irish-domiciled and being taxed on the remittance basis of
taxation as outlined at question 3.2 below). Since 1 December 1999,
CapitalAcquisitions Tax (“CAT”) is charged if either the beneficiary
or the disponer is Irish resident or ordinarily resident on the date of
the gift or inheritance.
1.4 If residence is relevant, how is it defined for taxation
purposes?
Under Irish legislation, a person will be regarded as Irish tax resident
if they are:
■ present in the State for a period of 183 days or more in the tax
year (which is a calendar year); or
■ present in the State for a period of 280 days or more in the
current and previous tax year, subject to the provision that
where a person is present here for 30 days or less, they will
not be regarded as resident in that tax year.

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Ireland
2.3 What other direct taxes (if any) apply to persons who
become established in your jurisdiction?
(i) Pay Related Social Insurance (“PRSI”)
PRSI is Ireland’s equivalent of social insurance or social
security. The amount of PRSI paid by an individual depends
on that person’s earnings and the type of work they do.
(ii) Universal Social Charge (“USC”)
USC is payable on gross income, including notional pay, after
any relief for certain capital allowances but before pension
contributions. Currently, income not exceeding €13,000 is
exempt from USC.
(iii) Deposit Interest Retention Tax (“DIRT”)
DIRT, at the current rate of 39%, is deducted at source by
deposit takers from interest paid or credited on deposits of
Irish residents. It was announced in Budget 2017 that the
DIRT rate would decrease by 2% each year from 2018 to
2020 until it reaches 33%.
(iv) Stamp Duty
Stamp duty is charged at 1% on the first €1,000,000 in respect
of residential property transactions and 2% on the excess.
The duty is paid by the purchaser. Stamp duty is charged at
2% in respect of all non-residential property transactions.
(v) Domicile Levy
Irish-domiciled individuals whose worldwide income in the
year exceeds €1m, whose Irish property in the year is greater
than €5m and whose liability to Irish income tax for the year
is less than €200,000, are subject to a levy of €200,000 in
respect of that tax year.
2.4 What indirect taxes (sales taxes/VAT and customs &
excise duties) apply to persons becoming established
in your jurisdiction?
VAT is a tax levied on most supplies made by businesses in Ireland.
Generally, the supplier will account for the VAT. The standard rate
of VAT is 23%. Some supplies benefit from one of the reduced
rates of VAT, which include 13.5% and 9%. The 13.5% reduced rate
applies to supplies including those of building services, certain fuels
and certain supplies of immovable property.
The 9% rate applies in respect of certain goods and services primarily
in respect of the tourism industry. Some goods and services are
exempt from VAT. These relate principally to financial, insurance,
medical and educational activities.
2.5 Are there any anti-avoidance taxation provisions that
apply to the offshore arrangements of persons who
have become established in your jurisdiction?
S.806 Taxes Consolidation Act 1997 (“TCA 1997”) contains anti-
avoidance legislation in relation to the transfer of assets abroad and
specifically imposes a tax charge on Irish resident or ordinarily
resident persons who have “power to enjoy” income arising to
persons resident or domiciled out of the State.
In addition, s.807ATCA1997 taxes certain income from an offshore
vehicle which is payable to Irish resident or ordinarily resident
beneficiaries.
S.590 TCA 1997 operates to apportion gains within a non-resident
close company to Irish resident or ordinarily resident and domiciled
individuals who are participators in the company (shareholders).
2.2 How and to what extent are persons who become
established in your jurisdiction liable to income and
capital gains tax?
An individual’s tax residence, ordinary residence and domicile
status (as referred to in section 1 above) needs to be considered
when determining the extent of the individual’s exposure to Irish
income tax.
Income tax
(i) Individual is resident and domiciled
The individual is subject to Irish income tax on his/her
worldwide income as it arises.
(ii) Individual is resident and non-domiciled
The individual is subject to Irish tax on foreign income under
the remittance basis of taxation.
The remittance basis of taxation involves liability for Irish
income tax on:
■ Irish-source income;
■ foreign employment income relating to Irish duties,
irrespective of where paid; and
■ foreign income remitted to Ireland.
(iii) Individual is non-resident but ordinarily resident and
domiciled
Notwithstanding non-residency, the individual is subject to
Irish income tax on worldwide income with the exception of
income derived from:
■ a trade or profession no part of which is carried on in
Ireland; or
■ an office or employment all of the duties of which are
carried on outside Ireland; and
■ other foreign income which is less than €3,810 per annum.
(iv) Individual is non-resident and non-ordinarily resident
(domicile irrelevant)
The individual is subject to Irish tax on Irish-source income
and income from a trade, profession or employment to the
extent it is exercised in Ireland.
CGT
CGT is chargeable at 33% on any person who is resident or
ordinarily resident in the State for a year of assessment in relation to
chargeable gains accruing on the disposal of chargeable assets made
during that year.
In the case of an individual who is resident or ordinarily resident
but not domiciled in the State, gains realised on disposals of assets
situated outside the State are liable to tax only to the extent that they
are remitted to Ireland. Such gains are not chargeable to tax until
so remitted.
A person who is neither resident nor ordinarily resident in the State
is liable to CGT only in respect of gains on disposals of:
(1) land and buildings in the State;
(2) minerals in Ireland including related rights and exploration
rights;
(3) unquoted shares deriving their value, or the greater part of
their value, from such assets as outlined above; and
(4) assets in the State used for the purposes of a business carried
on in the State.
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3 Pre-entry Tax Planning
3.1 In your jurisdiction, what pre-entry estate and gift tax
planning can be undertaken?
Irish CAT applies to gifts and inheritances if either the disponer
or the beneficiary is resident or ordinarily resident in Ireland (the
“State”) or where the subject matter of the gift or inheritance
comprises of Irish situate property. Non-domiciled individuals are
not treated as Irish tax resident until they have been tax resident
for five consecutive tax years prior to the year of assessment. (See
question 1.1 above.)
Therefore, a gift or inheritance should be made before a disponer (or
a beneficiary) becomes resident in the State where the beneficiary
(or the disponer) is not Irish resident or ordinarily resident and the
gift/inheritance does not comprise of Irish situate assets.
3.2 In your jurisdiction, what pre-entry income and capital
gains tax planning can be undertaken?
Where an individual is Irish resident and domiciled they will be
liable to Irish Income Tax and CGT on their worldwide income
and gains. Therefore, where assets comprise of gains, those assets
should be realised before the individual becomes tax resident in
Ireland. Separately, where an individual is non-domiciled and
becomes resident in Ireland, liability to Income Tax and CGT is
limited to Irish-source income and Irish gains and other worldwide
income and gains to the extent remitted to Ireland (the remittance
basis of taxation). Accordingly, an individual prior to taking up
residence in Ireland could establish separate bank accounts to which
accumulated income and gains arising prior to taking up residence
would be lodged separately to any future income and gains arising
after taking up residence.
3.3 In your jurisdiction, can pre-entry planning be
undertaken for any other taxes?
In short, there are no other taxes that would benefit from pre-entry
estate planning.
4 Taxation Issues on Inward Investment
4.1 What liabilities are there to tax on the acquisition,
holding or disposal of, or receipt of income from
investments in your jurisdiction?
As per question 2.2 above, an individual who is resident in Ireland
but not Irish-domiciled is subject to Irish tax on foreign income and
capital gains under the remittance basis of taxation.
4.2 What taxes are there on the importation of assets into
your jurisdiction, including excise taxes?
No tax should arise on the transfer of private assets into Ireland from
other EU Member States. VAT may arise on such transfers where
they are carried out for business purposes.
The importation of assets to Ireland from outside the EU may give
rise to VAT, customs and/or excise duties.
S.579 TCA 1997 applies to attribute gains in an offshore trust to an
Irish resident or ordinarily resident settlor who is deemed to have
an interest in the settlement, irrespective of their domicile. S.579A
apportions gains in an offshore trust to Irish resident or ordinarily
resident and domiciled beneficiaries.
2.6 Is there any general anti-avoidance or anti-abuse rule
to counteract tax advantages?
S.811 and s.811A TCA 1997 are general anti-avoidance provisions
which are designed to counteract certain transactions which have
little or no commercial merit but are orchestrated in such a way so
as to result in a tax deduction or to reduce tax liability. The general
anti-avoidance rules contained in s.811 and s.811A TCA 1997 apply
to transactions commencing on or before 23 October 2014.
The Irish Supreme Court delivered its first judgment on the
interpretation of the general anti-avoidance provision in December
2011. The Supreme Court held that when determining whether a
transaction, which complies with the strict letter of tax code, may
nevertheless be disallowed as a tax avoidance transaction, the
Revenue Commissioners should have regard to the form of the
transaction, its substance, whether the transaction was undertaken
for the realisation of profit in the course of business, and whether it
was undertaken primarily for purposes other than tax.
S. 811 and 811ATCA1997 have now been replaced by s. 811C and S
811D in relation to transactions commencing after 23 October 2014.
S.811C (similar to s.811) provides that where a person enters
a transaction and it would be reasonable to consider, based on a
number of specific factors, that the transaction is a tax avoidance
transaction, that person shall not be entitled to benefit from any tax
advantage arising from that transaction.
S.811D provides that where a person enters into a tax avoidance
transaction and claims the benefit of a tax advantage, contrary to
s.811C, an additional payment in the form of a surcharge will be
due and payable.
2.7 Are there any arrangements in place in your
jurisdiction for the disclosure of aggressive tax
planning schemes?
A Mandatory Disclosure regime operates in Ireland that places
an obligation on promoters, marketers and users of ‘disclosable
transactions’ to notify the Irish Revenue Commissioners about the
transaction. A disclosable transaction is a transaction which meets
the following three conditions and is not specifically excluded:
■ it may result in a person receiving a tax advantage;
■ the tax advantage is, or might be expected to be, one of the
main benefits of the scheme; and
■ the scheme matches any one of the specified descriptions set
out in the legislation.
The disclosure should include details of the scheme and of any person
who will use it. The disclosure must also give enough information
to allow the Irish Revenue Commissioners to understand how the
scheme works.
In itself, the disclosure of a scheme under the regime will not affect
its tax treatment. That said, the scheme will most likely be assessed
by Revenue to see if it fits the description of an aggressive scheme
and subsequent actions may be taken accordingly.
The Mandatory Disclosure rules impact on certain tax transactions
relating to Income Tax, Corporation Tax, Capital Gains Tax, the
Universal Social Charge, Value Added Tax, Capital Acquisitions
Tax, Stamp Duties and Excise Duties. It does not encompass
Customs Duties.
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Ireland
as a credit against the tax payable in the other country (which has
secondary taxing rights).
In cases where no treaty is applicable, Irish legislation provides for
unilateral relief. Broadly speaking, the same main principles apply
to both treaty relief and unilateral relief.
6.2 Do the income tax and capital gains tax treaties
generally follow the OECD or another model?
The income tax and CGT treaties generally follow the OECD model
but may depart in some respect from the OECD model language,
particularly with older treaties.
6.3 Has your jurisdiction entered into estate and gift tax
treaties and, if so, what is their impact?
Ireland has entered into double taxation agreements with the UK
(“UK Convention”) and the USA (“US Convention”) in the context
of CAT.
Under the provisions of the UK Convention, the country where the
property is not situated gives a credit for tax paid in the country
where the property is situated. Credit is only given when the same
property is taxed in both countries, on the same event.
The US Convention applies to CAT in Ireland and US federal estate
tax in the USA. It does not extend to gifts, nor does it extend to
separate estate death taxes imposed by the individual U.S. States
on their residents. The double taxation relief provided by the US
Convention is two-fold and applies an exemption method of double
taxation relief in certain cases and the credit relief method in other
cases.
6.4 Do the estate or gift tax treaties generally follow the
OECD or another model?
The UK Convention largely follows the OECD model for gifts and
estates but the US Convention predates the OECD model.
7 Succession Planning
7.1 What are the relevant private international law
(conflict of law) rules on succession and wills,
including tests of essential validity and formal validity
in your jurisdiction?
Irish law provides that the domicile of the deceased determines
the succession of movable property, whereas the succession of
immovable property is determined by the law of the country where
the property is situate.
The new EU Regulation on Succession Law (known as “Brussels
IV”) came into force on 17 August 2015 and removes the distinction
between movables and immovables in determining the forum for
succession matters, instead concentrating on where the deceased
was habitually resident at their date of death. Brussels IV allows
a testator to choose the law of his/her nationality to apply in the
succession of their estates and in these circumstances the signatories
of Brussels IV would be obligated to comply with this. Although
Ireland has opted out of Brussels IV, the regulation will still affect
the relationship between Ireland and the Brussels IV signatories.
Under Irish law, in order for a Will to be valid, it must be in writing
and must be signed by the testator/testatrix in the presence of at
least two witnesses who sign in the presence of each other and in the
presence of the testator/testatrix.
4.3 Are there any particular tax issues in relation to the
purchase of residential properties?
Stamp duty is applicable; please refer to question 2.3.
Local property tax is charged on the market value of all residential
properties.
5 Taxation of Corporate Vehicles
5.1 What is the test for a corporation to be taxable in your
jurisdiction?
Previously, certain companies incorporated in Ireland were not
treated as Irish tax resident if they were managed and controlled
outside of Ireland. From 1 January 2015, all companies that are
incorporated in Ireland are automatically tax resident here (unless
otherwise determined under a bilateral tax treaty which supersedes
our domestic law). Any existing companies with such tax structures
in place will be allowed to retain these until the end of 2020.
Companies incorporated outside of Ireland may still be treated as
tax resident if managed and controlled in Ireland.
5.2 What are the main tax liabilities payable by
a corporation which is subject to tax in your
jurisdiction?
Companies in Ireland pay corporation tax on their profits, which
includes both income and chargeable gains.
There are two rates of corporation tax:
■ 12.5% for trading income unless the income is from an
excepted trade, in which case the rate is 25%;
■ 25% for non-trading income (e.g. investment income); and
■ 33% for capital gains (e.g. sale of shares).
5.3 How are branches of foreign corporations taxed in
your jurisdiction?
Irish tax legislation provides that a company which is not resident
in Ireland is only subject to corporation tax if it carries on a trade
in Ireland through a branch or agency. If it does carry on a trade in
Ireland then it is subject to Irish corporation tax on:
(1) any trading income arising from the branch or agency;
(2) any other Irish-source income;
(3) any income from property or rights used by, or held by, or for,
the branch or agency; and
(4) chargeable gains arising from assets which are situated in
Ireland and which are used in or for the purposes of the trade
carried on through the branch or agency.
6 Tax Treaties
6.1 Has your jurisdiction entered into income tax and
capital gains tax treaties and, if so, what is their
impact?
Ireland currently has concluded 73 double taxation treaties, of
which 72 are in effect. These treaties generally alleviate double
tax that may arise under domestic legislation by either exempting
the income from tax in one of the countries, or allowing the tax
payable in one country (which has primary taxing rights) to be used
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Ireland
8.3 How are trusts affected by succession and forced
heirship rules in your jurisdiction?
Irish substantive law does not provide for forced heirship; however,
the SA 1965 provides that a surviving spouse is entitled to a legal
right share of a testator’s estate, where the deceased was Irish-
domiciled, or where the assets involved are real property located
in Ireland. The provisions only apply to assets held within the
deceased’s estate and not to assets held within trusts.
Irish legislation also provides that a child of a testator may apply to
court for provision to be made from the testator’s estate. In making
such an order, the court must be satisfied that the testator failed to
provide for the child as a prudent and just parent would have done.
8.4 Are foundations recognised in your jurisdiction?
Irish law does not prescribe any particular form for a foundation in
Ireland.
8.5 How are foundations taxed in your jurisdiction?
Foundations are liable to DTT (see question 8.2 above).
8.6 How are foundations affected by succession and
forced heirship rules in your jurisdiction?
Not applicable – see above.
9 Matrimonial Issues
9.1 Are civil partnerships/same-sex marriages permitted/
recognised in your jurisdiction?
Civil partnerships were recognised under the Civil Partnership and
Certain Rights and Obligations of Cohabitees Act 2010 (the “2010
Act”). The marriage equality referendum was passed in Ireland in May
2015 and the Marriage Act 2015 came into law in November 2015.
9.2 What matrimonial property regimes are permitted/
recognised in your jurisdiction?
Irish law does not recognise matrimonial property regimes.
9.3 Are pre-/post-marital agreements/marriage contracts
permitted/recognised in your jurisdiction?
Pre-/post-marital agreements/marriage contracts are not recognised
under Irish law. However, cohabitation agreements are permitted
under the 2010 Act. Couples may enter into a cohabitant’s
agreement to provide for financial matters during the relationship
or on termination of the relationship, whether by death or otherwise.
While pre- (and post-) nuptial agreements are not legally binding,
it is likely that principles laid down in the recent UK case law
(Radmacher v Granatino) in favour of nuptial agreements would be
persuasive in Ireland.
9.4 What are the main principles which will apply in
your jurisdiction in relation to financial provision on
divorce?
The Irish courts are under a statutory and constitutional obligation
Ireland has given effect, under s.102 Succession Act 1965 (“SA
1965”), to the Hague Convention on the Conflict of Laws relating to
the form of testamentary disposition.
In addition, a testamentary disposition shall be valid if its form
complies with the internal law of:
■ the place of the testator’s nationality at the time the Will was
made;
■ the place where the testator made the Will;
■ the place in which the testator had his domicile, either at the
time when he made the disposition or at the time of his death;
■ the place of the testator’s habitual residence, either at the time
he made the disposition or at the time of his death; and
■ the place where the assets are situated (in the case of real
property).
7.2 Are there particular rules that apply to real estate held
in your jurisdiction or elsewhere?
See questions 7.1 and 8.3.
8 Trusts and Foundations
8.1 Are trusts recognised in your jurisdiction?
Yes, trusts are recognised in Ireland under common law.
8.2 How are trusts taxed in your jurisdiction?
Income tax, CGT, CAT and stamp duty can all impinge on trusts in
certain circumstances.
Income Tax
The residence of the trustees determines the extent of their liability
to income tax. If all trustees are resident in Ireland, they will be
assessed on the worldwide trust income from all sources. Equally,
if none of the trustees are resident in Ireland, they may only be taxed
on Irish-source income and this will apply whether the trust was
established under Irish or foreign law. Undistributed trust income
may also be subject to a surcharge of 20%.
CGT
Irish CGT will only be imposed on trust property if the trustees
are resident in Ireland, or if they are not Irish-resident, where they
dispose of a specified asset (primarily land/minerals in the State,
or shares deriving their value from land and minerals in the State).
Trustees are liable to CGT in respect of any gains they make on
actual disposal of assets in the course of the administration of the
trust. Trustees may also be liable to CGT when they are deemed to
have disposed of assets.
CAT
If trust property is appointed to a beneficiary who is beneficially
entitled to possession, CAT will be payable by the beneficiary.
Discretionary Trust Tax (“DTT”)
DTT applies to discretionary trusts at an initial levy of 6% and an
annual levy of 1%. The initial levy applies to discretionary trusts on
the latest of the date on which the property becomes subject to the
discretionary trust, the date of death of the settlor or the date of the
youngest principal object attaining the age of 21.
Stamp Duty
Stamp duty will also apply on the transfer of assets into a trust.
The relevant stamp duty rates are referred to at question 2.3 above.
There is no stamp duty on an appointment from the trust.
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Ireland
10.3 What are the requirements in your jurisdiction in order
to qualify for nationality?
The Minister for Justice holds discretionary power to grant
naturalisation as an Irish citizen, which is granted on a number of
criteria, including good character, residence in the state and intention
to continue residing in the state.
In principle, the residence requirement is three years if married to or
in a civil partnership with an Irish citizen, and five years otherwise.
Time spent seeking asylum will not be counted nor will time spent as
an illegal immigrant. Time spent studying in the state by a national
of a non-EEA state will not count.
10.4 Are there any taxation implications in obtaining
nationality in your jurisdiction?
See question 1.5 above.
10.5 Are there any special tax/immigration/citizenship
programmes designed to attract foreigners to become
resident in your jurisdiction?
See question 10.2 above.
11 Reporting Requirements/Privacy
11.1 What automatic exchange of information agreements
has your jurisdiction entered into with other
countries?
The Foreign Account Tax Compliance Act (“FATCA”) is designed
to prevent tax evasion through the improvement of the exchange
of information between tax authorities regarding US citizens
and residents who hold assets offshore. Ireland has entered into
an intergovernmental agreement (“Model I IGA”) with the US
in relation to the implementation of FATCA (the “Agreement”),
which provides for the automatic reporting and exchange of
information on an annual basis in relation to accounts held in Irish
financial institutions by US persons, and the reciprocal exchange of
information regarding US financial accounts held by Irish residents.
The Common Reporting Standard (“CRS”) (of which Ireland is
an early adopter) is an initiative of the Organisation for Economic
Co-operation and Development and is similar to FATCA in
that it involves the mutual exchange of information between
tax authorities. CRS involves the collection of information for
tax purposes, commencing with high-value accounts by the tax
authority of the jurisdiction where an account is held, and passing
that information to the tax authority in the jurisdiction where the
holder of the account is resident. The legal basis for the exchange of
information is set in existing double taxation agreements.
11.2 What reporting requirements are imposed by
domestic law in your jurisdiction in respect of
structures outside your jurisdiction with which a
person in your jurisdiction is involved?
S.896A TCA 1997 requires any person making a settlement, who
has reason to believe that at the time of making the settlement,
the settlor was resident or ordinarily resident in the State and the
trustees were not resident in the State, to deliver a statement to the
appropriate inspector specifying the name and address of both the
settlor and the trustees and the date the settlement was created.
to ensure proper provision is made for the spouse and any dependent
children. When making ancillary orders on divorce, the court will
have regard to the terms of any separation agreement previously
entered into by the parties and is obliged to consider the changed
circumstances (if any) of the spouses since their separation.
The factors taken into account when making ancillary orders are
set out in s.20 (2) Family Law (Divorce) Act 1996 and include as
follows:
■ actual and potential financial resources;
■ financial needs, obligations and responsibilities;
■ standard of living; and
■ age of spouses and length of marriage.
10 Immigration Issues
10.1 What restrictions or qualifications does your
jurisdiction impose for entry into the country?
Citizens of certain listed countries, including the EEA Member
States (all EU Member States, Iceland, Liechtenstein and Norway)
do not require a visa to enter Ireland. Family members of EU
citizens holding “Residence cards of a family member of a Union
citizen” do not require a visa.
Possession of a visa does not guarantee entry into Ireland and all
persons can be subject to immigration controls upon arrival. Non-
EEA nationals, whether they require a visa or not, must be in a
position to satisfy immigration officers that they can be granted
leave to land and in particular must have sufficient funds to support
themselves during their visit and that they have a work permit if
required.
EEA citizens and certain family members have the right to stay in
Ireland. However, if staying more than three months, it is necessary
to:
■ be engaged in economic activity (employed or self-
employed);
■ have sufficient resources and health insurance;
■ be enrolled as a student or vocational trainee; or
■ be a family member of a Union citizen in one of the previous
categories.
10.2 Does your jurisdiction have any investor and/or other
special categories for entry?
The Immigrant Investor Programme permits non-EEA nationals
who commit to an approved investment in Ireland to secure
residency status for them and their immediate family members.
Initial residence permission will be granted for a defined period
with the possibility of renewal. There are a number of different
investment options available including mixed investments (currently
suspended), immigrant investor bonds (currently suspended),
approved fund investment, enterprise investment and charitable
endowment, all of which have minimum investment requirements
(ranging from €500,000 to €2 million).
The Start-up Entrepreneur Programme permits non-EEA nationals
with an innovative business idea for a high potential start-up and
who have funding of €50,000 to acquire residency for the purposes
of developing their business. (Usually they receive residence
permission for five years.)
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Ireland
Register of Companies
Currently, there is no requirement for a corporate entity to maintain
a register of its beneficial owners. This is set to change with the
implementation of the Fourth Money Laundering Directive (the
“Directive”).
Register of Trusts
Under the Directive, taxable trusts are also required to disclose
beneficial ownership structures in a mandatory register, but this
will not be publicly accessible. The Directive is required to be
transposed by all Member States by 26 June 2017.
11.3 Are there any public registers of owners/beneficial
owners/trustees/board members of, or of other
persons with significant control or influence over
companies, foundations or trusts established or
resident in your jurisdiction?
Register of Charities
The Charities Regulatory Authority provides for a Register of
Charities in respect of charities, trusts, foundations and companies
limited by guarantee with charitable status.
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John Gill
Matheson
70 Sir John Rogerson’s Quay
Dublin 2
Ireland
Tel: +353 1 232 2000
Email: john.gill@matheson.com
URL: www.matheson.com
Lydia McCormack
Matheson
70 Sir John Rogerson’s Quay
Dublin 2
Ireland
Tel: +353 1 232 2000
Email: lydia.mccormack@matheson.com
URL: www.matheson.com
The primary focus of Matheson is to serve the Irish legal needs of international companies and financial institutions doing business in and through
Ireland. Our clients include 27 of the world’s 50 largest banks and more than half of the Fortune 100 companies. We are headquartered in Dublin
and also have offices in London, New York and Palo Alto. More than 600 people work across our four offices, including 80 partners and tax principals
and over 350 legal and tax professionals.
Expertise
John is a partner in the Private Client Domestic and International
Department of Matheson. He advises on a wide range of legal and tax
issues arising in estate planning.
He advises on investment vehicles and appropriate trust structures
for estate planning and asset protection purposes, as well as advising
non-domiciled individuals with Irish tax concerns, including relocating
to and establishing tax residence in Ireland.
Experience highlights
John is an Associate of the Irish Taxation Institute and a member of
the Association of Contentious Trust and Probate Specialists and a
member of STEP (Society of Trust and Estate Practitioners).
He is the author of the Irish chapter of International Succession (4th
edition) by Oxford University Press and also the Irish chapters of the
European Lawyer Reference Series on Private Client Tax (3rd
edition
2016) and The International Comparative Legal Guide to: Private
Client 2012–2016.
Accolades
John is ranked as a leading lawyer by the international legal directory
Who’s Who Legal 2017.
He is listed on the Citywealth Leaders List 2017.
Education
University College Dublin, Michael Smurfit Graduate Business School
– H. Dip in Business.
University College Dublin – Bachelor of Civil Law.
Expertise
Lydia is a senior associate in the Private Client Domestic and
International Department of Matheson.
Lydia advises on personal estate and tax planning, wills, trusts and
international estates. She has particular experience in dealing with
cross-border estates, succession planning, trusts and philanthropy.
Experience Highlights
Lydia is an Associate of the Irish Taxation Institute (AITI Chartered Tax
Advisor) and is Chairperson of Women in Tax in Ireland (WiTii). She
is also a committee member of STEP (Society of Trust and Estate
Practitioners).
Accolades
Lydia lectures on the STEP/Law Society diploma on Trust and Estate
Planning and presented at the NYSBA Dublin Regional Meeting 2017
on US-Irish tax and succession issues.
She is co-author of the Irish chapter of ADR and Trusts: An
International Guide to Arbitration and Mediation of Trust Disputes
(2015) by Spiramus Press and the Irish chapter of International Trust
Laws (2014) by Jordan Publishing.
Education
University College Dublin – BA (History and Politics).
Dublin Institute of Technology – PGDip Law.
STEP Diploma of Trust and Estate Planning.
STEP Advanced PGDip in Wealth Planning.
Matheson Ireland

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